Under Swiss Law, the principle of proportionality implies that there must be a reasonable balance between the actor's misconduct and the applicable sanction. More specifically, the principle of proportionality requires that the measure taken by the disciplinary body is capable of achieving the envisaged goal, the measure is necessary to reach the envisaged goal, and the constraints which the affected person will suffer as a consequence of the measure are justified by the overall interest to achieve the envisaged purpose.
Facts and Procedure
On 9 July 2018, Mr Edgars Gauracs (the Official) - General Director of the Latvian football club FK Spartaks Jurmala (the Club) - was offered a large sum of money, namely between EUR 300,000 to EUR 500,000, to manipulate a UEFA Champions League match against Red Star scheduled on 11 July 2018 (Match 1). He was asked to influence the result by ensuring that his team lost by a two-goal difference.
On 11 July 2018, the Official informed the Club’s President, Mr Trabucchi, and then the UEFA Match Delegate, Mr Per Svard, about the offer, during the official pre-game lunch.
On 12 July 2018, the UEFA Match Delegate sent his report to UEFA. According to such report, the Official explained that (a) he received...
Why not join us?
Football Legal is an independent media publishing football law contents on a daily basis dedicated to all football law practitioners (lawyers, clubs, federations, intermediaries, football stakeholders, etc.).
Register today and stay tuned to the latest legal news.
Get started